Appellate Division: Second Judicial Department

M271056

kbp/

RUTH C. BALKIN, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2017-05578 The People, etc., respondent, v Herbie T. White, appellant. (Ind. No. 2026A/15)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, to be provided with certain material to aid in the preparation of a supplemental brief on an appeal from a judgment of the County Court, Suffolk County, rendered April 18, 2017. Separate motion by the appellant pro se to extend the time to serve and file the pro se supplemental brief.

Upon the papers filed in support of the motion, in effect, to be provided with certain material to aid in the preparation of a supplemental brief and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the motion to extend the time to serve and file the pro se supplemental brief and the papers filed in relation thereto, it is

ORDERED that the motion, in effect, to be provided with certain material to aid in the preparation of a supplemental brief is granted to the extent of providing the appellant with the arraignment minutes of August 23, 2015, and is otherwise denied; and it is further,

ORDERED that the decision and order on motion of this Court dated January 22, 2018, which granted poor person relief to the appellant, is amended to include a direction to the Court reporter to make, certify, and file two transcripts of the stenographic minutes, if they are available, of the arraignment proceedings which occurred on August 23, 2015; and it is further,

ORDERED that the stenographer is directed to make, certify and file such minutes within 45 days of the date of this decision and order on motion, and the clerk of the trial court is directed to furnish one copy to the Clerk of this Court, without charge; and it is further,

ORDERED that the Clerk of the Court, or her designee, is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken, and shall also deliver the above-referenced minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this Court when the appellant files the supplemental brief or informs this Court that no supplemental brief will be filed; and it is further

ORDERED that the motion to extend the time to serve and file the pro se supplemental brief is granted, the appellant's time to serve and file the pro se supplemental brief is extended, and on or before August 26, 2020, the appellant shall serve the pro se supplemental brief and upload digital copies of the pro se supplemental brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the pro se supplemental brief in accordance with any applicable administrative order or other order to be issued by the Court.

BALKIN, J.P., HINDS-RADIX, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court